Victoria Police Regulations 2024

Mechanically, the Victoria Police Regulations 2024 (S.R. No. 42/2024) consolidates and replaces earlier subordinate instruments (Schedule 1; revocation by reg 4), and prescribes a detailed operational framework for appointments, transfers, promotions, long service leave computation, secondments, a comprehensive drug and alcohol testing regime for Victoria Police personnel, discipline and review processes, and the information to be supplied to IBAC. The instrument is made under s 277 of the Victoria Police Act 2013 (reg 2) and commenced on 23 June 2024 (reg 3). The Regulations will sunset ten years after making under the Subordinate Legislation Act 1994 (Endnotes).

Officially stated objectives are in reg 1: to prescribe matters necessary for appointment, promotion and transfer of police and protective services officers; to prescribe matters for appeals and reviews under Part 8 of the Victoria Police Act 2013; to prescribe matters necessary for testing members for alcohol and drugs of dependence; to prescribe designated places where protective services officers (PSOs) may exercise powers under s 52(2) of the Act; and to prescribe other matters necessary for the purposes of the Act (reg 1(a)-(e)). Those are the rationale statements in the Rules; they are claims by the instrument of what it seeks to achieve.

Testing those rationale claims against the Regulations' mechanics yields the following observable trade-offs based on the text. The drug-and-alcohol regime (Part 5) centralises operational control with the Chief Commissioner by giving the Chief Commissioner power to approve laboratories and drug testing services (reg 31), to set testing directions that must state the grounds and prescribed content (reg 32), and to authorise persons to take samples and conduct preliminary on-site screening (regs 33-35). This centralisation concentrates decision-making authority and creates a single point of procurement/approval for laboratories, which may simplify governance but also creates a dependency on Chief Commissioner processes for operational capacity. The Regulations require incorporation of AS/NZS technical standards for urine and oral fluid sampling (regs 39 and 41; applied matter in endnotes), and prescribe chain-of-custody, lab analysis and storage rules (regs 43-46, 50-51). Those technical requirements impose explicit procedure and record-keeping obligations on sample-takers and labs, and a storage obligation (minimum 12 months) that creates direct cost and logistical obligations for approved laboratories or drug testing services (regs 43(4)(b), 44(3)(b), 45(4)(b), 46(3)). Members may seek independent re-analysis of stored samples within 12 months at their own expense (regs 43(5), 44(4), 45(5), 46(4)), which creates an individual right that shifts verification costs onto the member unless an employer funds reanalysis.

Version No. 001

Victoria Police Regulations 2024

S.R. No. 42/2024

Version as at
23 June 2024

TABLE OF PROVISIONS

Regulation Page

Part 1—Preliminary 1

1 Objectives 1

2 Authorising provision 1

3 Commencement 2

4 Revocations 2

5 Definitions 2

Part 2—Appointments 5

Division 1—Police officers 5

6 Criteria for appointment as a police officer 5

7 False statements 5

8 Seniority 6

Division 2—Protective services officers 6

9 Criteria for appointment as a protective services officer 6

10 False statements 7

11 Rank structure and seniority 7

Part 3—Transfers and promotions 8

Division 1—Transfer and promotion of police officers 8

12 Filling positions 8

13 Application for reversion in rank 9

14 Advertising positions 9

15 Temporary promotion 9

16 Lapse of applications 10

Division 2—Transfer and promotion of protective services officers 10

17 Filling positions 10

18 Application for reversion in rank 11

19 Advertising positions 11

20 Temporary promotions 12

21 Lapse of applications 12

Part 4—Police duties, powers, entitlements, protection and liability 14

Division 1—Secondment of police officers to other police forces 14

22 Secondment of police officers to other police forces 14

Division 2—Long service leave 14

23 Application of Division 14

24 Nature of service 14

25 Computation of period of service 15

26 Computation of pay 17

27 Applications for long service leave—former, incapacitated or deceased officers 17

Division 3—Exercise of powers by protective services officers at designated places 18

28 Designated place 18

Division 4—Remuneration of Assistant Commissioners reverting to former rank 19

29 Remuneration of Assistant Commissioners reverting to former rank 19

Part 5—Drug and alcohol testing 20

Division 1—Testing directions 20

30 Definitions 20

31 Chief Commissioner to approve laboratory or drug testing service 20

32 Testing directions 20

Division 2—Persons authorised to take samples and conduct preliminary on-site screening 21

33 Persons authorised to administer breath tests 21

34 Persons authorised to take samples of urine, hair, oral fluid and buccal swabs 22

35 Persons authorised to conduct preliminary on-site screening of urine samples 22

Division 3—Taking of samples 23

36 Taking of a sample—General 23

37 Procedure for taking a sample of breath 24

38 Prescribed breath analysing devices 24

39 Procedure for taking a sample of urine 25

40 Procedure for taking a sample of hair 25

41 Procedure for taking a sample of oral fluid or a buccal swab 26

42 Procedure for taking a sample of blood 26

Division 4—Procedure after taking a sample 27

43 Procedure after taking a sample of urine 27

44 Procedure after taking a sample of hair 28

45 Procedure after taking a sample of oral fluid or a buccal swab 29

46 Procedure after taking a sample of blood 31

Division 5—Certificates to be completed after taking a sample 32

47 Certificate to be completed after taking a sample of breath 32

48 Certificate to be completed after taking a sample of urine, hair or oral fluid or a buccal swab 33

49 Certificate to be completed after taking a sample of blood 34

Division 6—Analysis of samples 35

50 Analysis of a sample of urine, hair, oral fluid, a buccal swab or blood 35

51 Certificate of analysis of a sample of urine, hair, oral fluid, a buccal swab or blood 35

Division 7—Handling of information and confidentiality 36

52 Confidentiality of test results 36

Division 8—Annual reporting 38

53 Information to be included in annual report 38

Part 6—Discipline 39

54 Inquiries conducted by Chief Commissioner or authorised officer 39

55 Amending charges 39

56 Payment of penalties 39

Part 7—Appeals and reviews 40

Division 1—Appeals 40

57 Requirements for an appeal 40

58 Procedure on an appeal 40

59 Decision of the PRS Board—Appeals 41

Division 2—Reviews 41

60 Applications for review 41

61 Action to be taken after lodgement of an application for review 42

62 Decision of PRS Board—Reviews 42

Division 3—General 42

63 Witness expenses 42

Part 8—Complaints and investigations 43

64 Information to be provided by the Chief Commissioner to the IBAC 43

Schedule 1—Revocations 45

Schedule 2—Types of service for purposes of long service leave entitlement 46

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Endnotes 47

1 General information 47

2 Table of Amendments 49

3 Explanatory details 50

Version No. 001

Victoria Police Regulations 2024

S.R. No. 42/2024

Version as at
23 June 2024

Part 1—Preliminary

1 Objectives

The objectives of these Regulations are—

(a) to prescribe matters necessary for the appointment, promotion and transfer of police officers and protective services officers; and

(b) to prescribe matters for appeals and reviews under Part 8 of the Victoria Police Act 2013; and

(c) to prescribe matters necessary for the testing of members of Victoria Police personnel for alcohol and drugs of dependence; and

(d) to prescribe designated places at which protective services officers may exercise all the powers and have all the responsibilities granted or imposed by section 52(2) of the Victoria Police Act 2013; and

(e) to prescribe other matters necessary for the purposes of the Victoria Police Act 2013.

2 Authorising provision

These Regulations are made under section 277 of the Victoria Police Act 2013.

3 Commencement

These Regulations come into operation on 23 June 2024.

4 Revocations

The Regulations listed in Schedule 1 are revoked.

5 Definitions

In these Regulations—

bus has the same meaning as it has in section 3(1) of the Bus Safety Act 2009;

bus premises means—

(a) a depot or base of operations for a bus service by a specified route bus; or

(b) a place where bus safety work within the meaning of the Bus Safety Act 2009 is carried out in connection with the provision of a bus service by a specified route bus; or

(d) a rail replacement bus; or

(e) land on or in which is situated a bus stopping point and any associated bus stop infrastructure within the meaning of section 48H of the Road Management Act 2004;

bus service means the operation of one of more buses to provide a service for the transport of passengers by road;

bus stopping point means a location designated for a specified route bus or a rail replacement bus to stop for the purposes of passengers boarding and disembarking;

police officer, in Division 2 of Part 4, Part 5 and Part 6, includes a police reservist;

rail premises means any land, building, premises or structure owned, occupied or leased by—

(a) a passenger transport company within the meaning of section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983 in connection with its capacity as a provider of a passenger service within the meaning of section 3(1) of the Rail Management Act 1996; or

(b) a rail freight operator within the meaning of section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983 in connection with its capacity as a provider of a rail freight service; or

(d) the Head, Transport for Victoria in connection with its functions in relation to passenger services within the meaning of section 3 of the Transport Integration Act 2010;

rail replacement bus means a bus providing a bus service of carrying passengers of a disrupted rail service or tram service;

railway premises means railway premises within the meaning of the Rail Safety National Law (Victoria);

registered medical practitioner has the meaning given by section 82 of the Act;

road has the same meaning as it has in section 3(1) of the Road Safety
Act 1986;

specialist area means the Police Air Wing or the Technical Surveillance Unit;

specified bus premises means premises described in paragraph (a), (b) or (e) of the definition of bus premises;

specified route bus means a bus providing a route bus service within the meaning of the Bus Safety Act 2009 under the authority of a service contract within the meaning of the Bus Services Act 1995;

the Act means the Victoria Police Act 2013.

Part 2—Appointments

Division 1—Police officers

6 Criteria for appointment as a police officer

(1) For the purposes of section 27(2) of the Act, the criteria for appointment as a police officer are that—

(a) the person is of good character and reputation; and

(b) the person is a citizen or permanent resident of Australia or entitled to that status under Commonwealth law, or is a New Zealand citizen who has a special category visa or is entitled to be granted a special category visa under the Migration Act 1958 of the Commonwealth; and

(c) the person has completed a medical examination to the satisfaction of a registered medical practitioner nominated by the Chief Commissioner; and

(d) the person has satisfied the Chief Commissioner as to their general intelligence and physical fitness.

(2) Subregulation (1)(b) and (d) do not apply to a person who has the special qualifications or required expertise to perform in a specialist area.

7 False statements

The Chief Commissioner may refuse to consider a person for appointment as a police officer if the person has given false or misleading information—

(a) during the selection procedure for appointment; or

(b) to the PRS Board.

8 Seniority

(1) Seniority as between police officers of the same rank is to be determined having regard to the respective dates of appointment or promotion to that rank.

(2) If 2 or more constables are appointed on the same day, the Chief Commissioner may determine their respective seniority.

Note

The seniority of ranks is set out in section 13 of the Act.

Division 2—Protective services officers

9 Criteria for appointment as a protective services officer

For the purposes of section 38(2) of the Act, the criteria for appointment as a protective services officer are that—

(a) the person is of good character and reputation; and

(c) the person has completed a medical examination to the satisfaction of a registered medical practitioner nominated by the Chief Commissioner; and

(d) the person has satisfied the Chief Commissioner as to their general intelligence and physical fitness.

10 False statements

The Chief Commissioner may refuse to consider a person for appointment as a protective services officer if the person has given false or misleading information during the selection procedure for the appointment.

11 Rank structure and seniority

(1) The rank structure for protective services officers, in descending order of seniority, is the following—

(a) protective services officer senior sergeant;

(b) protective services officer sergeant;

(d) protective services officer first class;

(e) protective services officer.

(2) Seniority as between protective services officers of the same rank is to be determined having regard to the respective dates of appointment or promotion to the rank.

(3) If 2 or more protective services officers are appointed on the same day, the Chief Commissioner may determine their respective seniority.

Part 3—Transfers and promotions

Division 1—Transfer and promotion of police officers

12 Filling positions

If a position is (or is expected to become) vacant, the Chief Commissioner may—

(a) without advertising, fill the position by way of transfer; or

(b) without advertising, fill the position on a temporary basis in accordance with regulation 15; or

(c) without advertising, fill the position by transferring a police officer to the position of a constable (general duties) or transferring or promoting a police officer to the position of senior constable (general duties); or

(d) without advertising, fill the position by transferring a police officer under an expression of interest process agreed under an industrial instrument applying to police officers; or

(e) without advertising, fill the position by promoting a constable who holds a position to the rank of senior constable in the same position if the constable is qualified and otherwise able to satisfy the eligibility criteria for promotion to the rank of senior constable; or

(f) advertise the position and promote or transfer an applicant to the position.

13 Application for reversion in rank

The Chief Commissioner may, on the written application of a police officer, approve a reversion in rank of that officer.

14 Advertising positions

(1) An advertisement for a position that is (or is expected to become) vacant must be published in the Police Gazette.

(2) The advertisement must—

(a) identify the position and—

(i) summarise the duties, qualifications, eligibility criteria and key selection criteria relating to the position and any time-in-position requirements relating to the period to be served in the position approved by the Chief Commissioner; or

(ii) refer to the position description and set out where a copy of the position description may be obtained; and

(b) state any requirement for the holder of the position to reside in any particular premises; and

(d) include the closing date for receipt of applications.

15 Temporary promotion

(1) The Chief Commissioner may, for a fixed term and for a particular purpose in each case, temporarily promote a police officer.

(2) At the conclusion of the fixed term referred to in subregulation (1), the officer who is temporarily promoted will revert to the officer's substantive rank.

(3) Despite subregulation (2), the Chief Commissioner may, in accordance with the provisions of subregulation (1), again temporarily promote an officer at the conclusion of the fixed term.

16 Lapse of applications

(1) If a police officer is selected for promotion under section 31 of the Act, any other applications for promotion or transfer by the officer lapse.

(2) If a police officer is selected for transfer under section 34 of the Act, any other applications for transfer by the officer lapse.

Division 2—Transfer and promotion of protective services officers

17 Filling positions

(1) If a position below the rank of protective services officer senior is (or is expected to become) vacant, the Chief Commissioner may—

(a) without advertising, fill the position by way of transfer; or

(b) without advertising, fill the position on a temporary basis in accordance with regulation 20; or

(c) without advertising, fill the position by transferring a protective services officer under an expression of interest process agreed under an industrial instrument applying to protective services officers; or

(d) advertise the position and promote or transfer an applicant to the position.

(2) If a position at or above the rank of protective services officer senior is (or is expected to become) vacant, the Chief Commissioner may—

(a) without advertising, fill the position by way of transfer; or

(b) without advertising, fill the position on a temporary basis in accordance with regulation 20; or

(d) advertise the position and promote or transfer an applicant to the position; or

(e) if no qualified person applies for the position, appoint a protective services officer who has not applied.

18 Application for reversion in rank

The Chief Commissioner may, on the written application of a protective services officer, approve a reversion in rank of that officer.

19 Advertising positions

(1) An advertisement for a position that is (or is expected to become) vacant must be published in the Police Gazette.

(2) The advertisement must—

(a) identify the position and—

(ii) refer to the position description and set out where a copy of the position description may be obtained; and

(b) state any requirement for the holder of the position to reside in any particular premises; and

(d) include the closing date for receipt of applications.

20 Temporary promotions

(1) The Chief Commissioner may, for a fixed term and for a particular purpose in each case, temporarily promote a protective services officer.

(2) At the conclusion of the fixed term referred to in subregulation (1), the officer who is temporarily promoted will revert to the officer's substantive rank.

(3) Despite subregulation (2), the Chief Commissioner may, in accordance with the provisions of subregulation (1), again temporarily promote an officer at the conclusion of the fixed term.

21 Lapse of applications

(1) If a protective services officer is selected for promotion under section 40 of the Act, any other applications for promotion or transfer by the officer lapse.

(2) If a protective services officer is selected for transfer under section 42 of the Act, any other applications for transfer by the officer lapse.

Part 4—Police duties, powers, entitlements, protection and liability

Division 1—Secondment of police officers to other police forces

22 Secondment of police officers to other police forces

(1) A police officer who is seconded to the Australian Federal Police or the police force of another State or Territory or of another country continues to be a police officer.

(2) While serving as an officer or member of the Australian Federal Police or the police force of another State or Territory or of another country, the police officer—

(a) must obey all lawful instructions and orders given by superior officers of the police force to which the officer is seconded; and

(b) is subject to the laws applicable to that police force and, as far as possible, to the Act, these Regulations and, subject to section 54 of the Act, the orders or directions of superiors in Victoria Police, including the Chief Commissioner's instructions.

Division 2—Long service leave

23 Application of Division

This Division does not apply to the Chief Commissioner or a Deputy Commissioner.

24 Nature of service

The following periods of service entitle a police officer or protective services officer to be granted long service leave on application by the officer—

(a) any period of service as a police officer or protective services officer;

(b) any period of a type of service listed in Schedule 2;

25 Computation of period of service

(1) The following periods of service are to be included when calculating long service leave entitlements—

(a) if the officer's service is not continuous, the aggregate of all periods of the officer's service;

(b) any period in respect of which a pension under section 68(3) of the Superannuation Act 1958, section 20G(1) of the Emergency Services Superannuation Act 1986 or section 83A of the State Superannuation Act 1988 (as in force from time to time) was paid;

(i) authorised leave with pay; or

(ii) long service leave with full or half pay; or

(iii) personal leave without pay, if the officer has a medical certificate in relation to that period; or

(iv) leave to undertake defence service within the meaning of the Defence Reserve Service (Protection) Act 2001 of the Commonwealth.

(2) The following periods of service are not to be included when calculating long service leave entitlements—

(a) any period which preceded an absence from a service duty referred to in regulation 24(b) or (c), if the absence was for a continuous period of more than 12 months;

(b) any period of leave without pay;

(3) Subregulation (2)(a) does not apply to an absence from duty—

(a) to which subregulation (1)(b) or (c) applies; or

(b) which resulted from retirement because of ill-health; or

(d) which resulted from resignation and which was for a period of less than 5 years, if the Chief Commissioner is of the opinion that the resignation resulted from special circumstances, including—

(i) a pressing personal or domestic necessity deserving compassionate consideration; or

(ii) changes in the work environment or career direction of an officer which required an interruption to the course of that officer's service.

26 Computation of pay

(1) All pay received by a police officer or protective services officer on long service leave must be calculated as if the officer had remained on duty.

(2) If an officer is granted pay in lieu of the whole or part of any long service leave to which the officer is entitled, the amount of pay is to be calculated using the following method—

Step 1—

Subtract from the period of service of the officer for which the officer is entitled to long service leave any period of service in respect of which the officer has been granted long service leave or pay in lieu of long service leave;

Step 2—

Express the remaining period in complete years and a fraction of a year on a daily basis;

Step 3—

Divide this amount by 40;

Step 4—

Multiply this amount by the officer's annual pay at the time that the application for long service leave is made.

27 Applications for long service leave—former, incapacitated or deceased officers

(1) An application for long service leave may be made at any time within 3 months after the date the officer dies, retires, is dismissed or otherwise ceases to be an officer.

(2) If an officer has died or is physically or mentally incapacitated, an application for payment in lieu of long service leave may be made by the officer's legal personal representative.

Division 3—Exercise of powers by protective services officers at designated places

28 Designated place

For the purposes of section 52 of the Act, a place on or within any of the following places is a designated place—

(a) railway premises;

(b) rail premises on or adjoining railway premises including any car parking area on the rail premises;

(d) any area on or adjoining rail premises or specified bus premises used by other modes of transport including taxi ranks;

(e) any car park controlled by a Council (within the meaning of the Local Government Act 1989) that is adjoining rail premises or specified bus premises;

(f) any privately owned or managed land used for a car park or other public transport purposes adjoining rail premises or specified bus premises;

(g) land on or in which is situated a tram stopping point within the meaning of section 48H of the Road Management Act 2004 and any associated tram stop infrastructure within the meaning of that section;

(h) any rail premises on or adjoining the land referred to in paragraph (g), including any car parking area on the rail premises;

(i) bus premises;

(j) a road on which a specified route bus or rail replacement bus provides a bus service at the time the service is in operation.

Division 4—Remuneration of Assistant Commissioners reverting to former rank

29 Remuneration of Assistant Commissioners reverting to former rank

The remuneration to which a person is entitled on reversion under clause 19 of Schedule 1 to the Act is to be determined as if—

(a) the person had continued in the rank the person held immediately before the person's first employment as an Assistant Commissioner; and

(b) the person had been eligible for all increments in that rank during the period that the person held employment as an Assistant Commissioner.

Part 5—Drug and alcohol testing

Division 1—Testing directions

30 Definitions

In this Part—

approved laboratory or drug testing service means a laboratory or drug testing service approved by the Chief Commissioner under regulation 31;

member means a member of Victoria Police personnel.

31 Chief Commissioner to approve laboratory or drug testing service

For the purposes of this Part, the Chief Commissioner may approve—

(a) a laboratory accredited by the National Association of Testing Authorities, Australia; and

(b) a drug testing service.

32 Testing directions

(1) A testing direction given under Part 5 of the Act to a member may be given orally or in writing.

(2) The direction must state—

(a) the grounds on which the direction is given; and

(b) the sample, or samples, (whether breath, urine, hair, oral fluid, a buccal swab or blood) that the member is required to give or allow to be taken; and

(c) that the member is required to remain at or to attend specified premises to give the sample or allow for the sample to be taken; and

(d) that the member should not consume alcohol or drugs before giving the sample or allowing the sample to be taken; and

(e) that the member should advise the person to whom the member is giving the sample, or who is taking the sample, of any prescription medication taken by the member in the 7 days preceding the date on which the direction is given; and

(f) that, if the member is a police officer or protective services officer and fails to comply with the direction, the member commits a breach of discipline under section 125 of the Act; and

(g) that the test results will be given to the Chief Commissioner and will otherwise remain confidential except for any disclosures authorised for the purposes of the Act.

(3) If an oral direction is given to the member, it must be confirmed in writing to the member as soon as practicable.

Division 2—Persons authorised to take samples and conduct preliminary on-site screening

33 Persons authorised to administer breath tests

The following persons are authorised to administer breath tests or conduct breath analyses for the purposes of Part 5 of the Act—

(a) a registered medical practitioner;

(b) an approved health professional;

(c) a member of Victoria Police personnel who has successfully completed a course of instruction for sample collection and on-site screening, handling, storage and dispatch of samples;

(d) a police officer;

(e) a person who—

(i) has knowledge and expertise in standards and practices related to the administration of breath tests and conduct of breath analyses; and

(ii) is employed by an approved laboratory or drug testing service.

34 Persons authorised to take samples of urine, hair, oral fluid and buccal swabs

The following persons are authorised to take samples of urine, hair, oral fluid and buccal swabs from members for the purposes of Part 5 of the Act—

(a) a registered medical practitioner;

(b) an approved health professional;

(c) a member of Victoria Police personnel who has successfully completed a course of instruction for sample collection and on-site screening, handling, storage and dispatch of samples;

(d) a person who—

(i) has knowledge and expertise in standards and practices related to the taking and storage of samples; and

(ii) is employed by an approved laboratory or drug testing service.

35 Persons authorised to conduct preliminary on-site screening of urine samples

The following persons are authorised to conduct preliminary on-site screening of urine samples in accordance with regulation 39.

(a) a registered medical practitioner;

(b) an approved health professional;

(c) a member of Victoria Police personnel who has successfully completed a course of instruction for sample collection and on-site screening, handling, storage and dispatch of samples;

(d) a person who—

(i) has knowledge and expertise in standards and practices related to the taking and storage of urine samples; and

(ii) is employed by an approved laboratory or drug testing service.

Division 3—Taking of samples

36 Taking of a sample—General

(1) The taking of a sample of urine, hair, oral fluid, a buccal swab or blood from the member must be conducted—

(a) in a respectful manner; and

(b) in circumstances affording reasonable privacy to the member.

(2) A sample must not be taken from the member in the presence or view of a person whose presence is not necessary for the purposes of obtaining that sample.

(3) A person taking a sample from a member must not require—

(a) the removal of more clothing than is necessary for the sample to be taken; and

(b) more visual inspection of the member than is necessary for the sample to be taken.

(4) A sample of blood must not be taken from a member who has been involved in a critical incident if either of the following persons is of the opinion that the taking of the sample would be prejudicial to the member's care and treatment—

(a) the registered medical practitioner or approved health care professional directed to take the sample;

(b) the registered medical practitioner or approved health care professional primarily responsible for the examination and treatment of the member.

(5) The sample must be adequate for the purposes of laboratory testing.

37 Procedure for taking a sample of breath

(1) A person operating a breath analysing instrument—

(a) must not require the member to give a breath sample for analysis until the person is satisfied that the member has not consumed any alcohol for a period of at least 15 minutes before the analysis; and

(b) must provide a fresh mouthpiece for use by the member that, until required for taking the breath sample, has been kept in a sealed collection unit.

(2) A member who is directed to give a sample of breath must do so by exhaling continuously into the breath analysing instrument to the satisfaction of the person operating that instrument.

38 Prescribed breath analysing devices

The breath analysing devices prescribed for the purposes of Part 5 of the Act are those prescribed for the purposes of section 53 of the Road Safety Act 1986.

39 Procedure for taking a sample of urine

(1) A person taking a urine sample from a member for the purposes of Part 5 of the Act must ensure that the sample is taken in accordance with the procedures set out in the Australian/New Zealand Standard AS/NZS 4308 Procedures for specimen collection and the detection and quantification of drugs in urine, published jointly by, or on behalf of, Standards Australia and Standards
New Zealand, as existing from time to time
(AS/NZS 4308).

(2) The sample must be given in a collection unit that is clean and dry and that has not previously been used.

(3) The sample may be subjected to a preliminary on‑site screening process conducted in accordance with AS/NZS 4308.

(4) If the sample is subjected to preliminary on-site screening, that member must be notified of the result of the screening as soon as practicable.

(5) If the preliminary on-site screening of the sample returns a non-negative result for the presence of drugs of dependence, the sample must be dealt with in accordance with regulation 43.

(6) If the preliminary on-site screening of the sample returns a negative result of drugs of dependence, the sample must be disposed of as soon as practicable.

40 Procedure for taking a sample of hair

A person taking a hair sample from a member for the purposes of Part 5 of the Act must—

(a) ensure that the sample is given in a collection unit that is clean and dry and that has not previously been used; and

(b) cut the sample from as close to the member's skin as possible; and

(c) not take more hair than is reasonably necessary to undertake the required testing and comply with the procedures outlined in regulation 44.

41 Procedure for taking a sample of oral fluid or a buccal swab

A person taking an oral fluid sample or a buccal swab for the purposes of Part 5 of the Act must—

(a) ensure that the sample is taken in accordance with the procedure set out in the Australian/New Zealand Standard
AS/NZS 4760 Procedure for specimen collection and the detection and quantification of drugs in oral fluid, published jointly by, or on behalf of, Standards Australia and Standards New Zealand, as existing from time to time (AS/NZS 4760); and

(b) provide a fresh oral fluid or buccal swab collection unit for use by each person required to provide an oral fluid sample or buccal swab; and

(c) use only an oral fluid or buccal swab collection unit which, until required for taking the oral fluid sample or buccal swab, has been kept in a sealed collection unit.

42 Procedure for taking a sample of blood

A registered medical practitioner or approved health professional who takes a blood sample from a member for the purposes of Part 5 of the Act must cleanse the site of the puncture with a swab taken from a collection unit which—

(a) appears to be sealed against contamination; and

(b) bears a label stating that the collection unit holds an aqueous solution of chlorohexidine and cetrimide and no methylated spirits, alcohol, tincture of iodine or other substance containing alcohol.

Division 4—Procedure after taking a sample

43 Procedure after taking a sample of urine

(1) A person having taken a urine sample in accordance with regulation 39 must follow the procedures outlined in AS/NZS 4308.

Note

Procedures outlined in AS/NZS 4308 include the requirement for any sample to be split between at least 2 containers and to be sealed with tamper-evident seals.

(2) Each collection unit must have attached to it a label bearing—

(a) any information required by AS/NZS 4308; and

(b) the signature of the person who took the urine sample; and

(d) the name of the person who gave the sample; and

(e) if possible, the identification number or code enabling the sample to be identified by the approved laboratory or drug testing service.

(3) The person who took the urine sample must ensure that the collection units are transported to an approved laboratory or drug testing service for analysis for the presence of alcohol or drugs of dependence.

(4) The approved laboratory or drug testing service must—

(a) analyse the sample of urine in one of the collection units for the presence of alcohol or a drug of dependence in accordance with AS/NZS 4308; and

(b) store the other collection unit for a period of not less than 12 months.

(5) The member from whom the sample was taken may, within 12 months after the taking of the sample, apply to the approved laboratory or drug testing service for the sample in the stored collection unit to be sent for analysis, at the member's own expense, to a registered medical practitioner, approved health professional or laboratory nominated by the member.

44 Procedure after taking a sample of hair

(1) A person taking a sample of hair from a member in accordance with regulation 40 must ensure that—

(a) the sample is placed in at least 2 dry collection units, each containing approximately the same amount of the sample; and

(b) each collection unit is fitted with a tamper‑proof locking seal; and

(i) the signature of the person who took the sample; and

(ii) the date and the time the sample was taken; and

(iii) the name of the person who gave the sample; and

(iv) if possible, the identification number or code enabling the sample to be identified by the approved laboratory or drug testing service.

(2) The person who took the sample of hair must ensure that the collection units are transported to an approved laboratory or drug testing service for analysis for the presence of alcohol or drugs of dependence.

(3) The approved laboratory or drug testing service must—

(a) analyse the sample of hair in one of the collection units for the presence of alcohol or a drug of dependence; and

(b) store the other collection unit for a period of not less than 12 months.

(4) The member from whom the sample was taken may, within 12 months after the taking of the sample, apply to the approved laboratory or drug testing service for the sample in the stored collection unit to be sent for analysis, at the member's own expense, to a registered medical practitioner, approved health professional or laboratory nominated by the member.

45 Procedure after taking a sample of oral fluid or a buccal swab

(1) A person having taken a sample of oral fluid or a buccal swab in accordance with regulation 41 must follow the procedures outlined in
AS/NZS 4760.

Note

Procedures outlined in AS/NZS 4760 include the requirement for any sample to be split between at least 2 containers and to be sealed with tamper-evident seals.

(2) Each collection unit must have attached to it a label bearing—

(a) any information required by AS/NZS 4760; and

(b) the signature of the person who took the sample; and

(d) the name of the person who gave the sample; and

(e) if possible, the identification number or code enabling the sample to be identified by the approved laboratory or drug testing service.

(3) The person who took the sample of oral fluid or buccal swab must ensure that the collection units are transported to an approved laboratory or drug testing service for analysis for the presence of alcohol or drugs of dependence.

(4) The approved laboratory or drug testing service must—

(a) analyse the sample of oral fluid or buccal swab in one of the collection units for the presence of alcohol or a drug of dependence in accordance with AS/NZS 4760; and

(b) store the other collection unit for a period of not less than 12 months.

46 Procedure after taking a sample of blood

(1) A registered medical practitioner or approved health professional who takes a blood sample in accordance with regulation 42 must ensure that—

(a) the sample of blood is placed into 2 dry collection units, each containing approximately the same amount of blood; and

(b) each collection unit is vacuum sealed or sealed with a septum seal; and

(i) that the collection unit holds a specific anticoagulant and preservative such as potassium oxalate and sodium fluoride; and

(ii) the name of the chemist, approved laboratory or pharmaceutical organisation that prepared the collection unit; and

(d) each collection unit has attached to it a label bearing—

(i) the signature of the registered medical practitioner or approved health professional; and

(ii) the date and the time the blood sample was taken; and

(iii) the name of the person from whom the sample was taken (or, if the name of the person is not known, sufficient information to enable the sample to be identified with the person from whom it was taken); and

(iv) if known, the identification number or code enabling the sample to be identified by the approved laboratory or drug testing service.

(2) The registered medical practitioner or approved health professional must ensure that the collection units are transported to an approved laboratory or drug testing service for analysis.

(3) The approved laboratory or drug testing service must—

(a) analyse the sample of blood in one of the collection units for the presence of alcohol or a drug of dependence; and

(b) store the other collection unit for a period of not less than 12 months.

(4) The member from whom the sample was taken may, within 12 months after the taking of the sample, apply to the approved laboratory or drug testing service for the sample in the stored collection unit to be sent for analysis at the member's own expense, to a registered medical practitioner, approved health professional or laboratory nominated by the member.

Division 5—Certificates to be completed after taking a sample

47 Certificate to be completed after taking a sample of breath

The person operating a breath analysing instrument must, after administering a breath test, complete and give to the Chief Commissioner a certificate that contains the following particulars—

(a) the concentration of alcohol indicated by the breath analysing instrument to be present in the member's breath;

(b) the serial number of the breath analysing instrument;

(d) the location of the analysis;

(e) the name of the member whose breath is analysed;

(f) the name of the person operating the breath analysing instrument;

(g) the results of the self test conducted by the breath analysing instrument before and after the member's breath is analysed;

(h) the results of zero tests conducted by the breath analysing instrument before and after the member's breath is analysed;

(i) the date and the time the member's breath was analysed.

48 Certificate to be completed after taking a sample of urine, hair or oral fluid or a buccal swab

A person who takes a sample of urine, hair, oral fluid or a buccal swab from a member must complete and give to the member a certificate stating—

(a) the full name of the person who took the sample; and

(b) that the person was the person who took the sample from the member; and

(d) that a sufficient sample was taken to enable the testing for the presence of alcohol or a drug of dependence; and

(e) unless paragraph (f) applies, if known, the approved laboratory or drug testing service where the sample will be sent for testing and the identification number or code enabling the sample to be identified by that approved laboratory or drug testing service; and

(f) if the sample is a urine sample that is subjected to preliminary on-site screening and the screening does not indicate the presence of a drug of dependence, that the sample is to be disposed of as soon as practicable in accordance with regulation 39(6).

49 Certificate to be completed after taking a sample of blood

A registered medical practitioner or approved health professional who takes a blood sample from a member must complete and give to the member a certificate stating—

(a) the medical practitioner's or approved health professional's full name; and

(b) that the registered medical practitioner or approved health professional was the medical practitioner or approved health professional who took the sample from the member; and

(d) that a sufficient sample of blood was taken to enable the testing for the presence of alcohol or a drug of dependence; and

(e) if known, the approved laboratory or drug testing service where the sample of blood will be sent for testing and the identification number or code enabling the sample to be identified by that approved laboratory or drug testing service.

Division 6—Analysis of samples

50 Analysis of a sample of urine, hair, oral fluid, a buccal swab or blood

An approved laboratory or drug testing service that receives a sample of urine, hair, oral fluid, a buccal swab or blood for the purposes of Part 5 of the Act must analyse the sample for the presence of alcohol or a drug of dependence and provide a report on the analysis of that sample to the Chief Commissioner.

51 Certificate of analysis of a sample of urine, hair, oral fluid, a buccal swab or blood

(1) As soon as practicable after an approved laboratory or drug testing service has analysed the sample of urine, hair, oral fluid, a buccal swab or blood, the approved laboratory or drug testing service must give a certificate to the Chief Commissioner.

(2) The certificate must state—

(a) the full name of the member from whom the sample was taken; and

(b) the date when the sample was received in the approved laboratory or drug testing service for analysis; and

(i) was received at the approved laboratory or drug testing service; and

(ii) was sealed, labelled and marked in the manner specified in regulation 43, 44, 45 or 46; and

(d) that the seal of the collection unit was unbroken; and

(e) the name of the approved laboratory or drug testing service where the sample was analysed; and

(f) the approved laboratory identification number of the sample; and

(g) the date when the analysis was conducted; and

(h) the results of the analysis of the sample; and

(i) the signature and name of the person or persons who conducted the analysis; and

(j) any factors which may have affected the analysis results.

(3) The Chief Commissioner must provide a copy of the certificate to the member from whom the sample was taken as soon as practicable.

Division 7—Handling of information and confidentiality

52 Confidentiality of test results

(1) All records that relate to or include any of the following must be kept in a secure location—

(a) a testing direction given to a member under Part 5 of the Act or a direction given in the circumstances set out in section 86(2) of the Act;

(b) any sample given or taken for testing for the presence of alcohol or drugs under Part 5 of the Act;

(2) A person must not disclose to any other person any information revealed by the testing of a sample under Part 5 of the Act unless—

(a) that information is already publicly known; or

(b) disclosure of that information is necessary or authorised under Part 5 of the Act; or

(d) the member consents; or

(e) disclosure of that information is to members of Victoria police personnel solely for the purposes of—

(i) research and development of the health of Victoria Police as a workplace; or

(ii) the management, supervision and support of the member in the workplace; or

(iii) the investigation of alleged breaches of ethical standards and other misconduct in Victoria Police; or

(f) the disclosure of information is solely for the purposes of compiling reports and statistics and that information does not include information that may be used to identify the member who gave the sample.

Division 8—Annual reporting

53 Information to be included in annual report

(1) In respect of each financial year, the Chief Commissioner must include the following information in the report prepared under section 12 of the Act—

(a) the number of critical incident tests involving taking of samples conducted during the relevant year;

(b) the number of targeted tests involving taking of samples conducted during the relevant year;

(c) the number of designated work unit and designated work function tests involving taking of samples conducted during the relevant year;

(d) the number of random tests involving the taking of samples conducted during the relevant year;

(e) the number of persons tested;

(f) the number of those tests that confirm the presence of alcohol;

(g) the number of those tests that confirm the presence of drugs of dependence.

(2) For the purposes of subregulation (1)(g) above, the annual report must identify the type of substance found in a person’s body.

(3) The above information for the current and preceding financial year will be included in the annual report.

(4) Subregulation 3 does not apply to the 2023–24 annual report.

Part 6—Discipline

54 Inquiries conducted by Chief Commissioner or authorised officer

(1) If a police officer or protective services officer is charged with a breach of discipline under Part 7 of the Act, the Chief Commissioner or authorised person must give the officer at least 7 days' notice of the inquiry into the charge.

(2) The Chief Commissioner or authorised person may determine whether any person making a complaint against a police officer or protective services officer which leads to a charge being laid may make a submission at the inquiry.

(3) The Chief Commissioner or authorised person may determine that an inquiry is not open to the public.

55 Amending charges

(1) The Chief Commissioner or authorised person may amend a charge under Part 7 of the Act.

(2) If a charge is amended by the Chief Commissioner or authorised person, the police officer or protective services officer charged must be given reasonable notice to allow the officer adequate time to respond to the amended charge.

56 Payment of penalties

A deduction from a police officer or protective services officer's pay under section 133(2) of the Act may be made as a lump sum or by instalments.

Part 7—Appeals and reviews

Division 1—Appeals

57 Requirements for an appeal

(1) An appeal under section 141 or 142 of the Act must—

(a) be in writing; and

(b) state the grounds of appeal.

(2) Unless the PRS Board otherwise determines, a police officer or protective services officer is not entitled to appeal against any promotion or transfer if the person—

(a) did not satisfy the qualifications, eligibility criteria or time-in-position requirements to apply for the position; or

(b) is a person whose application for a transfer or promotion to the position has lapsed under regulation 16 or 21.

58 Procedure on an appeal

(1) The PRS Board must send a copy of the appeal to the Chief Commissioner and to the person who was selected for promotion or transfer within one business day.

Note

Section 156 of the Act provides that as soon as practicable after an appeal or an application for review is lodged, the PRS Board must notify the Chief Commissioner.

(2) The PRS Board must advise the appellant, the person who was selected for promotion or transfer and the Chief Commissioner of the time and location of the hearing of the appeal.

(3) The PRS Board must—

(a) cause a copy of the statement of the grounds on which the selection for promotion or transfer was made and a copy of the appellant's application for the promotion or transfer to be made available to the person who was selected for promotion or transfer for a reasonable period, being not less than 48 hours, before the hearing of the appeal; and

(b) cause a copy of the statement of the grounds on which the selection for promotion or transfer was made and a copy of the selected person's application to be made available to the appellant for a reasonable period, being not less than 48 hours, before the hearing of the appeal.

Note

Section 158 of the Act provides that the appellant, the person selected and the Chief Commissioner may appear on an appeal, but only the Chief Commissioner may be represented by another person.

59 Decision of the PRS Board—Appeals

The PRS Board must give a copy of its decision on an appeal to the Chief Commissioner, the appellant and the person selected for promotion or transfer within 14 days after the decision is made.

Division 2—Reviews

60 Applications for review

An application for review under section 146 of the Act must—

(a) be in writing; and

(b) state the grounds for the application for review.

61 Action to be taken after lodgement of an application for review

(1) The PRS Board must advise the applicant and the Chief Commissioner of the time and location of the hearing of the review.

(2) The PRS Board must give the applicant and the Chief Commissioner at least 7 days' notice of the hearing.

62 Decision of PRS Board—Reviews

The PRS Board must give a copy of its decision on a review to the Chief Commissioner and to the applicant within 14 days after the decision is made.

Division 3—General

63 Witness expenses

The expenses payable to witnesses appearing before the PRS Board are the same as the allowances payable to prosecution witnesses under the Criminal Procedure Regulations 2020[1].

Part 8—Complaints and investigations

64 Information to be provided by the Chief Commissioner to the IBAC

(1) For the purposes of section 169(2) of the Act, the prescribed details of the complaint are—

(a) the date and the time the complaint was received; and

(b) the details of the person or persons making the complaint; and

(d) the date, time and location of the incident; and

(e) the nature and details of the incident; and

(f) the details of any witnesses or persons present at the incident; and

(g) the details of any action taken by Victoria Police in response.

(2) For the purposes of section 169(3) of the Act, the prescribed details of the investigation are—

(a) the date and the time the complaint was received; and

(b) the details of the person or persons making the complaint; and

(d) the date, time and location of the incident; and

(e) the nature and details of the incident; and

(f) the details of any witnesses or persons present at the incident; and

(g) the details of any action taken by Victoria Police in response.

Schedule 1—Revocations

Regulation 4

S.R. No.	Title
79/2014<br>39/2018<br>24/2020<br>53/2021	Victoria Police Regulations 2014<br>Victoria Police Amendment Regulations 2018<br>Victoria Police Amendment Regulations 2020<br>Victoria Police Amendment Regulations 2021

Schedule 2—Types of service for purposes of long service leave entitlement

Regulation 24(b)

Service with—

(a) a Government Department of the Commonwealth or of a State or Territory; or

(b) the Australian Defence Force; or

(d) the teaching service of the Commonwealth or of a State or Territory; or

(e) an authority, whether or not incorporated, that is constituted by or under a law of the Commonwealth or a State or Territory for a public purpose; or

(f) a local governing body that is established by or under a law of a State or Territory; or

(g) a body set up by legislation primarily and exclusively to achieve a purpose of the Government of the Commonwealth or of a State or Territory and in relation to which the Government of the Commonwealth or of a State or Territory has substantial control or influence beyond the usual level of scrutiny of Government funded bodies.

═════════════

Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Victoria Police Regulations 2024, S.R. No. 42/2024 were made on 4 June 2024 by the Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, under section 277 of the Victoria Police Act 2013, No. 81/2013 and came into operation on 23 June 2024: regulation 3.

The Victoria Police Regulations 2024 will sunset 10 years after the day of making on 4 June 2034 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).

• Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).

• Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

• Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).

2 Table of Amendments

There are no amendments made to the Victoria Police Regulations 2024 by statutory rules, subordinate instruments and Acts.

3 Explanatory details

Reg. 63: S.R. No. 134/2020 as amended by S.R. No. 57/2022.

——

Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter was included in S.R. No. 42/2024 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.

| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |
| --- | --- | --- |
| Regulation 39 (Procedure for taking a sample of urine) and Regulation 43 (Procedure after taking a sample of urine) | Australian/New Zealand Standard AS/NZS 4308 Procedures for specimen collection and the detection and quantification of drugs in urine, published jointly by, or on behalf of, Standards Australia and Standards New Zealand | The whole |
| Regulation 41 (Procedure for taking a sample of oral fluid or a buccal swab) and Regulation 45 (Procedure after taking a sample of oral fluid or a buccal swab) | Australian/New Zealand Standard AS/NZS 4760 Procedure for specimen collection and the detection and quantification of drugs in oral fluid, published jointly by, or on behalf of, Standards Australia and Standards New Zealand | The whole |

↑

1 Victoria Police Regulations 2024

Version No. 001

Victoria Police Regulations 2024

S.R. No. 42/2024

Version as at
23 June 2024

TABLE OF PROVISIONS

Regulation Page

Part 1—Preliminary 1

1 Objectives 1

2 Authorising provision 1

3 Commencement 2

4 Revocations 2

5 Definitions 2

Part 2—Appointments 5

Division 1—Police officers 5

6 Criteria for appointment as a police officer 5

7 False statements 5

8 Seniority 6

Division 2—Protective services officers 6

9 Criteria for appointment as a protective services officer 6

10 False statements 7

11 Rank structure and seniority 7

Part 3—Transfers and promotions 8

Division 1—Transfer and promotion of police officers 8

12 Filling positions 8

13 Application for reversion in rank 9

14 Advertising positions 9

15 Temporary promotion 9

16 Lapse of applications 10

Division 2—Transfer and promotion of protective services officers 10

17 Filling positions 10

18 Application for reversion in rank 11

19 Advertising positions 11

20 Temporary promotions 12

21 Lapse of applications 12

Part 4—Police duties, powers, entitlements, protection and liability 14

Division 1—Secondment of police officers to other police forces 14

22 Secondment of police officers to other police forces 14

Division 2—Long service leave 14

23 Application of Division 14

24 Nature of service 14

25 Computation of period of service 15

26 Computation of pay 17

27 Applications for long service leave—former, incapacitated or deceased officers 17

Division 3—Exercise of powers by protective services officers at designated places 18

28 Designated place 18

Division 4—Remuneration of Assistant Commissioners reverting to former rank 19

29 Remuneration of Assistant Commissioners reverting to former rank 19

The Regulations introduce and apply a set of operational concepts that structure how the Victoria Police Act 2013 is to operate in practice. Key concepts, as defined or used in the text, include:

Member and police officer: “member” means a member of Victoria Police personnel for Part 5 (reg 30); “police officer” and “protective services officer” are used throughout the instrument, and reg 5 clarifies that “police officer” in certain Parts includes police reservists. The definitions interact with duties and testing obligations across the Parts (reg 5; Parts 2, 3, 5, 6).
Criteria for appointment: For police officers (reg 6) and PSOs (reg 9) the Regulations list core eligibility attributes: good character and reputation, Australian citizenship or permanent residency (with New Zealand exceptions), satisfactory medical examination by a registered medical practitioner nominated by the Chief Commissioner, and satisfaction of the Chief Commissioner as to general intelligence and physical fitness. Reg 6(2) and reg 9 provide an exception for specialist areas where some eligibility requirements need not apply.
Rank, seniority and promotion mechanics: Seniority between officers of the same rank is determined by date of appointment or promotion (reg 8(1); reg 11(2)). The rank structure for PSOs is set out in reg 11(1). Promotion and transfer rules allow filling positions without advertising under listed circumstances and set out advertising content where positions are advertised (regs 12-15; 17-21). Temporary promotion rules provide for reversion at the end of a fixed term (regs 15(1)-(3), 20(1)-(3)).
Secondment: A police officer seconded to the Australian Federal Police or another State/Territory or foreign police force remains a Victoria Police officer (reg 22(1)). While seconded, the officer must obey lawful orders of the receiving force and is subject to the receiving force’s law and, as far as possible, the Act and these Regulations (reg 22(2)(a)-(b)).
Long service leave: Part 4 Div 2 sets types of service that count for long service leave (reg 24 and Schedule 2), rules for aggregation of discontinuous service and exclusions (reg 25), a step method for computation of pay when leave is taken as pay in lieu (reg 26), and rights for former, incapacitated or deceased officers to make applications within prescribed timeframes (reg 27).
Drug and alcohol testing architecture: Part 5 is structured into testing directions (regs 30-32), authorised persons to take samples (regs 33-35), sample-taking procedures for breath, urine, hair, oral fluid, buccal swabs and blood (regs 36-42), post-sampling procedures (regs 43-46), certificates to be completed (regs 47-49), analysis and certificate of analysis (regs 50-51), confidentiality and information handling (reg 52), and annual reporting obligations (reg 53). The Regulations require Chief Commissioner approval of laboratories or drug testing services (reg 31) and incorporate AS/NZS standards for urine and oral fluid sample procedures (regs 39, 41; endnotes).
Confidentiality and information flows: Records of testing directions, samples and results must be kept secure (reg 52(1)). Disclosure is generally prohibited except in enumerated circumstances (reg 52(2)(a)-(f)), including consent, authorised purposes under Part 5, necessary investigation of an offence, disclosure for limited research by members of Victoria Police personnel, or de-identified statistical reporting.
Appeals and reviews before the PRS Board: Requirements for form and content of appeals and reviews are prescribed (regs 57-62). The PRS Board must supply copies of appeals to the Chief Commissioner and selected person within one business day (reg 58(1)), and decision timelines are set (reg 59, reg 62). The instrument also sets limits on appeal eligibility (reg 57(2)).
Designated places for PSO powers: Reg 28 itemises locations where PSOs may exercise s 52(2) powers and responsibilities, including rail and rail‑adjacent premises, specified bus premises, tram stopping points, adjoining car parks including privately owned or managed land used for car parks, and roads on which specified route or rail replacement buses operate.

These concepts interlock: appointment and promotion rules determine who is subject to the testing regime; testing directions and sample handling rules determine how evidence for discipline or health management is generated; confidentiality and reporting rules determine who receives information and how it may be used; and appeals and review procedures set the legal recourse available to officers challenged under these processes. Each concept is implemented by specific regulations cited above (see regs 5-6, 8-11, 12-21, 22, 23-27, 30-53, 57-64).

The Regulations create duties and rights for a defined set of actors. Primary affected groups are:

Victoria Police personnel: That label includes police officers and protective services officers as the Regulations use those terms throughout Parts 2-8. Reg 5 clarifies that “police officer” in Division 2 of Part 4, Part 5 and Part 6 includes a police reservist; Part 5 expressly adopts “member” to mean a member of Victoria Police personnel (reg 30). All members are within scope of the testing directions and associated procedures (Part 5).
The Chief Commissioner: The Regulations confer multiple operational powers on the Chief Commissioner. Examples include nomination of registered medical practitioners to conduct pre‑appointment medicals (regs 6(c) and 9(c)), approval of laboratories or drug testing services (reg 31), issuing testing directions (reg 32), authorising persons to take samples and conduct screening (regs 33-35), determining seniority in tied appointments (regs 8(2) and 11(3)), approving reversions in rank on application (regs 13 and 18), and providing required data to IBAC (reg 64). The Chief Commissioner is the primary decision-maker for approvals, authorisations and some internal personnel processes.
The Police Recruitment and Retention Services Board (PRS Board): The PRS Board adjudicates appeals and reviews under the Act as elaborated in regs 57-62. The Regulations set procedural obligations for the PRS Board, including time limits and requirements to notify the Chief Commissioner and other parties (reg 58(1)-(3); regs 60-62).
Approved laboratories and drug testing services: Under reg 31 the Chief Commissioner may approve a NATA-accredited laboratory and a drug testing service. Approved labs are then obliged to analyse samples, report to the Chief Commissioner (reg 50), furnish certificates of analysis (reg 51(1)), and store an analysed sample in a sealed collection unit for at least 12 months (regs 43(4)(b), 44(3)(b), 45(4)(b), 46(3)). This creates obligations and potential costs for private or public labs bidding for approval.
Health professionals and registered medical practitioners: They may be nominated by the Chief Commissioner for pre‑appointment medicals (regs 6(c), 9(c)), may be authorised to take samples or perform preliminary screenings (regs 33-35), and have specified procedural duties when taking blood samples (reg 42) and completing certificates (regs 47-49).
Individual officers as subjects of tests: Members required to undergo tests must comply with testing directions (reg 32). Failure to comply is specifically referenced as a breach of discipline under s 125 of the Act (reg 32(2)(f)). Members have procedural protections: the requirement that directions include grounds (reg 32(2)(a)), a right to be notified of preliminary on-site screening results (reg 39(4)), entitlement to certificates after sampling (regs 47-49), and the right to apply for reanalysis of a stored duplicate sample within 12 months at the member’s own expense (regs 43(5), 44(4), 45(5), 46(4)).
External policing organisations: Police officers seconded to the Australian Federal Police or another State, Territory or foreign police force remain Victoria Police officers (reg 22(1)) but, while seconded, must obey lawful orders of the receiving force and are subject to that force’s laws as well as, where possible, the Victoria Police Act and these Regulations (reg 22(2)). Thus secondment places officers in a dual-subordination context.
Employers and owners of transport and adjoining infrastructure: The designated places where PSOs may exercise powers include land owned, occupied or leased by passenger transport companies, rail freight operators, Victorian Rail Track and the Head, Transport for Victoria, and extends to specified bus premises, adjoining council-controlled car parks and privately owned or managed land used as car parks adjoining rail or specified bus premises (reg 28). Owners and managers of these spaces should be aware that PSOs have statutory competence in those locations.
IBAC (Independent Broad-based Anti‑corruption Commission): Reg 64 prescribes the minimum complaint and investigation details the Chief Commissioner must provide to IBAC for purposes of sections 169(2) and (3) of the Act. IBAC is a recipient of structured operational information under the Regulations.

Who pays and who bears direct costs: The Regulations make explicit that members who wish to have a stored sample independently analysed within 12 months must pay the cost (regs 43(5), 44(4), 45(5), 46(4)). Approving and contracting with laboratories involves expenditure for Victoria Police (not quantified in the instrument), and approved laboratories incur costs for compliance with handling, storage and reporting obligations. Training and accreditation of authorised sample-takers (regs 33-35) create costs for the employer. Record-keeping, secure storage and reporting for annual statistical disclosures (reg 53) also impose administrative burdens on Victoria Police.

In short, the instrument chiefly affects members of Victoria Police personnel, the Chief Commissioner as central decision-maker, the PRS Board, approved laboratories and health professionals, IBAC as a reporting recipient, and operators of specified public-transport premises or adjoining facilities where PSO powers extend. All duties and rights cited here are drawn from the Regulations’ text (see regs 5-6, 22, 30-35, 39-46, 47-53, 57-64).

The Regulations allocate a network of duties and rights across personnel, the Chief Commissioner, laboratories, and oversight bodies. The principal operational duties and rights include:

Duties imposed

Chief Commissioner duties: approve laboratories and drug testing services (reg 31), issue testing directions that must state the grounds and specified content (reg 32(1)-(2)), nominate registered medical practitioners for pre‑appointment medicals (regs 6(c), 9(c)), accept or refuse applicants based on false or misleading information (regs 7 and 10), determine advertising content and placement for advertised vacancies (regs 14(1)-(2), 19(1)-(2)), ensure annual reporting includes specified drug and test counts and substance types (reg 53), and provide prescribed complaint/investigation details to IBAC (reg 64). These are mandatory or enabled actions rather than optional guidance.
Sample-taker and health professional duties: persons authorised to take samples must follow AS/NZS standards and the procedures set out in the Regulations (regs 36-42). For urine samples, reg 39(1) requires adherence to AS/NZS 4308; for oral fluid/buccal swabs, reg 41(a) requires AS/NZS 4760. After sampling, collection units must be labelled with specified information (regs 43(2), 44(1)(c), 45(2), 46(1)(d)), transported to an approved laboratory (regs 43(3), 44(2), 45(3), 46(2)), and duplicate containers must be created and sealed (regs 43(1) note; 44(1)(a); 45(1) note; 46(1)(a)-(b)).
Approved laboratory duties: An approved laboratory or drug testing service must analyse the sample for alcohol or drugs of dependence and provide a report and a certificate of analysis to the Chief Commissioner (regs 50-51). The certificate must confirm receipt and sealing, indicate analysis results, identify analysts, and state any factors affecting results (reg 51(2)(a)-(j)).
Confidentiality and records: All records of testing directions, samples and results must be kept in a secure location (reg 52(1)), and disclosure of testing information is prohibited except under listed exceptions (reg 52(2)(a)-(f)).
Notification and procedural duties: For appeals and reviews the PRS Board must notify parties in strict timelines (reg 58(1)-(3); regs 60-62), make documents available to parties not less than 48 hours before hearings (reg 58(3)(a)-(b)), and provide decisions within 14 days (regs 59 and 62).

Duties on members

Compliance with testing directions: A testing direction given under Part 5 may be oral or written and must state grounds and required sample(s) (reg 32(1)-(2)). A member who fails to comply commits a breach of discipline under s 125 of the Act as specifically stated in reg 32(2)(f).
Disclosure obligation: The direction must advise the member to disclose prescription medication taken in the seven days preceding the direction (reg 32(2)(e)), which creates a duty of disclosure relevant to interpretation of test results.
Privacy and respectful treatment: Sample-taking must be done respectfully, with reasonable privacy, and not require unnecessary removal of clothing or inspection (reg 36(1)-(3)). Special medical protections exist: blood samples must not be taken from a member involved in a critical incident if a medical practitioner or approved health professional considers sampling prejudicial to care (reg 36(4)).

Rights granted to members

Procedural safeguards: If an oral direction is given, it must be confirmed in writing as soon as practicable (reg 32(3)). Members must be given certificates after samples are taken that set out prescribed particulars (regs 47-49).
Right of reanalysis: Members have a right to apply within 12 months for the stored duplicate sample to be forwarded for analysis by a practitioner or laboratory nominated by the member, at the member’s expense (regs 43(5), 44(4), 45(5), 46(4)).
Access to results and disclosure: The Chief Commissioner must provide a copy of the certificate of analysis to the member as soon as practicable (reg 51(3)). Confidentiality rules permit disclosure for investigation of an offence, consent, or limited research/management uses, but otherwise protect members’ test results (reg 52(2)).
Appeal and review rights: A member may appeal or seek review of matters under sections 141, 142 and 146 of the Act in writing stating grounds (regs 57(1), 60(a)-(b)). There are limits to appealability where eligibility criteria were not met or applications lapsed (reg 57(2)). Procedural timelines and disclosure requirements for appeals are specified (reg 58).
Long service leave rights: The Regulations define the types of service that count towards long service leave (reg 24 and Schedule 2), provide rules for aggregation (reg 25(1)(a)), and set the calculation method where leave is paid out (reg 26 Step 1-4). Applications in relation to former, incapacitated or deceased officers have a 3‑month rule (reg 27(1)).

Enforcement linkages and consequences are explicit: non‑compliance with a testing direction is a disciplinary matter (reg 32(2)(f)), and the Regulations specify procedures for inquiries and amendments of charges (regs 54-55) and that penalties may be recovered by pay deduction as a lump sum or instalments under s 133(2) of the Act (reg 56). The text confines its prescription to procedural and operational duties and rights; it does not itself create criminal offences beyond disciplinary consequences linked to the Act.

The Regulations embed enforcement mechanisms primarily by linking procedural breaches to the disciplinary framework of the Victoria Police Act 2013, and by prescribing procedural safeguards and record-keeping obligations for authorities and laboratories that can be enforced administratively.

Disciplinary enforcement

Testing direction non‑compliance: A testing direction given under Part 5 must state that a member who fails to comply commits a breach of discipline under s 125 of the Act (reg 32(2)(f)). The Regulations do not restate the sanctions available under the Act; they invoke the Act’s disciplinary framework as the enforcement instrument for non‑compliance.
Inquiry procedure: Where a police officer or PSO is charged with a breach of discipline under Part 7 of the Act, the Chief Commissioner or authorised person must give at least 7 days’ notice of the inquiry (reg 54(1)). The inquiring authority may permit or deny participation by complainants, conduct inquiries in private (reg 54(2)-(3)), and may amend charges but must give reasonable notice to the officer to respond (reg 55(1)-(2)). Reg 56 permits deductions from pay to satisfy penalties under s 133(2) of the Act, and expressly allows those deductions to occur as a lump sum or by instalments.

Administrative and evidentiary enforcement

Approved laboratories and reporting obligations: An approved laboratory or drug testing service receiving a sample must analyse it for alcohol or drugs of dependence and report analysis to the Chief Commissioner (reg 50). A certificate of analysis must be produced that identifies the member, confirms collection unit sealing and labelling, states the analysis date and results, names analysts and notes any factors affecting results (reg 51(2)(a)-(j)). The Chief Commissioner must provide the member with a copy of the certificate as soon as practicable (reg 51(3)). These requirements create a formal evidentiary chain for any disciplinary proceedings, and non‑compliance by a lab could undermine evidence relied upon in enforcement actions.
Chain-of-custody and storage: The Regulations prescribe splitting samples into at least two containers, sealing with tamper‑evident seals, labelling with specific details (regs 43(1) note; 43(2); 44(1)(a)-(c); 45(1) note; 45(2)), and require an analysed container to be stored for not less than 12 months by the approved laboratory or drug testing service (regs 43(4)(b), 44(3)(b), 45(4)(b), 46(3)). These create enforceable custodial obligations on approved laboratories that underpin the integrity of testing evidence.
Confidentiality breaches: Reg 52(1) requires secure storage of testing records; reg 52(2) imposes a general prohibition on disclosure of testing information except in enumerated circumstances. The Regulations themselves do not prescribe a specific penalty within the instrument for unauthorised disclosure, but unauthorised disclosure may be actionable under other laws or give rise to administrative consequences under internal discipline or privacy law. The Regulations specify permitted disclosures: for investigations of offences, the member's consent, authorised internal research and support, or de-identified statistics (reg 52(2)(b)-(f)).

Appeals, review and oversight enforcement

PRS Board timelines and powers: The PRS Board must provide copies of appeals to the Chief Commissioner and selected person promptly (reg 58(1)) and make relevant material available not less than 48 hours before the hearing (reg 58(3)(a)-(b)). Decisions of the PRS Board must be given to the parties within 14 days of decision (reg 59). For reviews, the PRS Board must give notice of hearings at least 7 days ahead (reg 61(2)) and decisions within 14 days (reg 62). These procedural timings constrain the PRS Board's handling and create enforceable administrative expectations.
IBAC reporting: Reg 64 prescribes particular complaint and investigation details the Chief Commissioner must provide to IBAC for sections 169(2) and (3) of the Act, ensuring a disclosed flow of specified information to the anti‑corruption body. IBAC's statutory powers under other legislation would then determine enforcement and investigative responses to material it receives.

Operational enforcement levers

Chief Commissioner centralisation: By centralising approvals of laboratories (reg 31) and authorisations for sample-takers (regs 33-35), the Chief Commissioner holds gatekeeping power over who may operationally collect, screen and analyse samples; this is both a compliance control and a potential bottleneck if approvals are limited or delayed.
Labour and contracting obligations: Approved laboratories must be accredited (reg 31) which places regulatory compliance obligations on suppliers and may be enforced through contractual and procurement mechanisms.

Implementation risks that affect enforcement effectiveness are also visible from the text. The Regulations rely heavily on technical standards (AS/NZS 4308 and AS/NZS 4760) incorporated by reference (regs 39 and 41; Endnotes), and on the operational integrity of approved laboratories to maintain sealed duplicates and provide certificate evidence (regs 43-46, 50-51). Failure at any stage (incorrect sealing, transfer delays, non‑conforming collection units) could compromise evidence and thereby affect enforcement outcomes, but the Regulations themselves do not set out criminal sanctions for laboratory non‑compliance,rather they condition the admissibility and administrative use of test results on adherence to the prescribed procedures and certification.

In summary, enforcement under these Regulations is largely administrative and disciplinary, structured around procedural evidence chains (sample handling and certificates), central approvals (Chief Commissioner), and PRS Board review and appeal timelines. Specific disciplinary consequences are invoked by reference to the Act (not re‑stated) and deductions for penalties are authorised under the Act (reg 56 referencing s 133(2)). The foregoing is drawn directly from the Regulations’ provisions (see regs 32, 43-51, 52-56, 58-62, 64).

The Regulations operate as subordinate instruments to the Victoria Police Act 2013 and explicitly reference and adopt procedural, definitional and technical material from a range of other statutes and standards. The instrument’s internal cross‑references establish interaction points across administrative, transport, industrial and technical frameworks.

Primary statutory relationship

Victoria Police Act 2013: The Regulations are made under s 277 of the Act (reg 2) and implement procedural elements of the Act, including appeals and reviews under Part 8 (reg 1(b)), PSO powers under s 52 (reg 1(d); reg 28), disciplinary provisions (reg 54 references Part 7 of the Act), and the disciplinary effect of testing directions (reg 32(2)(f) referencing s 125 of the Act). The Regulations do not override the Act; they specify operational procedures that sit within the Act’s legislative framework.

Transport and safety statutes

Road Safety Act 1986: Breath analysing devices prescribed for Part 5 purposes are those prescribed for section 53 of the Road Safety Act 1986 (reg 38). This means the list or technical description of approved breath analysers is taken from the Road Safety Act regime, linking police workplace testing device standards to road safety device regulation.
Bus Safety Act 2009, Bus Services Act 1995, Rail Management Act 1996, Transport (Compliance and Miscellaneous) Act 1983, Transport Integration Act 2010 and Rail Safety National Law (Victoria): The Regulations import definitions and coverage of rail and bus premises and specified route buses (reg 5 definitions and reg 28 designated places), determining where PSOs may exercise certain powers. That creates an operational intersection between policing powers and transport infrastructure regimes.

Industrial and superannuation statutes

Superannuation Act 1958, Emergency Services Superannuation Act 1986, State Superannuation Act 1988: Reg 25(1)(b) includes periods during which a pension under those Acts was paid as counted service for long service leave calculation, integrating superannuation history into leave entitlements.
Industrial instruments: Regs 12(d) and 17(1)(c) allow transfers under expression-of-interest processes agreed under an industrial instrument applying to police officers or PSOs. That recognises the role of enterprise agreements or other industrial instruments in staffing decisions and requires policy alignment with industrial law.

Technical standards and subordinate legislation

AS/NZS standards: The Regulations adopt Australian/New Zealand Standards AS/NZS 4308 for urine sampling and AS/NZS 4760 for oral fluid collection by reference (regs 39(1), 41(a); Endnotes include a table showing full incorporation). These standards define collection, screening, storage and analysis protocols, effectively importing technical methods into statute. Use of these standards binds Victoria Police and approved laboratories to the content of those external, applied documents.
Subordinate Legislation Act 1994 and Interpretation of Legislation Act 1984: The Endnotes reference that the Regulations will sunset under the Subordinate Legislation Act and that style changes and interpretative effects apply per the Interpretation of Legislation Act (Endnotes).

Investigations, privacy and criminal law

Investigation of offences and IBAC: Reg 52(2)(c) permits disclosure of testing information when necessary for the investigation of an offence. Reg 64 prescribes the complaint and investigation details the Chief Commissioner must provide to IBAC under s 169(2) and (3) of the Victoria Police Act 2013, linking internal complaints and investigations to anti‑corruption oversight by IBAC. These interfaces create cross‑statutory disclosure and investigative obligations.

Evidence and procedural law

Criminal Procedure Regulations 2020: Reg 63 aligns witness expense allowances before the PRS Board with those for prosecution witnesses under the Criminal Procedure Regulations 2020, producing a procedural link to the criminal process for expense reimbursement.

Operational and jurisdictional interactions

Secondment and other police forces: Reg 22(2)(b) subordinates a seconded officer to the laws applicable to the receiving police force and, “as far as possible,” to the Victoria Police Act and these Regulations, introducing potential conflicts of law or choice-of-law issues where legal or disciplinary rules differ between jurisdictions. The Regulations resolve the subordinate status mechanically by saying the officer “continues to be a police officer” (reg 22(1)) but must obey the receiving force while seconded (reg 22(2)(a)).

Taken together, the Regulations are heavily cross‑referential. They operationalise aspects of the Victoria Police Act 2013, incorporate technical sampling standards as statutory requirements, draw on other transport and superannuation statutes for definitions and entitlements, and create disclosure pathways to IBAC and investigative authorities. These cross‑statutory touchpoints mean compliance requires coordination across procurement, health, privacy, transport infrastructure agencies, industrial instruments and external laboratories. All cross‑references cited here appear in the Regulations (see regs 2, 5, 22, 31, 38-41, 43-46, 50-53, 63; Endnotes).

The Regulations replace earlier Victoria Police subordinate rules and record a limited amendment history in the instrument itself.

Replacements and revocations

Schedule 1 to the Regulations lists the instruments revoked by reg 4. The revoked instruments are: Victoria Police Regulations 2014 (S.R. No. 79/2014) and the Victoria Police Amendment Regulations of 2018 (S.R. No. 39/2018), 2020 (S.R. No. 24/2020) and 2021 (S.R. No. 53/2021). Reg 4 therefore effects an administrative consolidation and repeal of those prior instruments.

Recentness and operative date

The Endnotes record that the Regulations were made on 4 June 2024 by the Lieutenant‑Governor and came into operation on 23 June 2024 (Endnotes, para 1). The Version is dated 23 June 2024 at the head of the instrument.

Amendments since making

The instrument’s Table of Amendments (Endnotes section 2) states there are no amendments made to the Victoria Police Regulations 2024 by subsequent statutory rules, subordinate instruments or Acts. In other words, as of the noted Version date (23 June 2024) there have been no statutory amendments to S.R. No. 42/2024 recorded in the instrument.

Sunset and review timing

The Endnotes state the Regulations will sunset 10 years after the day of making on 4 June 2034, in accordance with s 5 of the Subordinate Legislation Act 1994 (Endnotes). This provides a statutory expiration date for the instrument unless it is remade or extended according to the Subordinate Legislation Act process.

Applied and adopted matter

The Explanatory Details / Table of Applied, Adopted or Incorporated Matter in the Endnotes lists the external standards incorporated by the Regulations: AS/NZS 4308 and AS/NZS 4760 are incorporated for urine and oral fluid sample procedures respectively (Explanatory Details table). That applied matter is part of the legislative regime and will change as those standards change unless the Regulations are amended to alter or remove the incorporation.

Practical consequence for amendment tracking

Because the Regulations incorporate external standards by reference, amendments to those standards (AS/NZS 4308; AS/NZS 4760) will alter operational requirements under the Regulations without a change in the Regulations themselves. Practitioners must therefore track both statutory amendments to the Regulations and updates to the incorporated standards.

In sum, the 2024 Regulations represent a consolidation and replacement of earlier Victorian subordinate instruments governing Victoria Police operational practices. As of the Version date there are no recorded amendments to the 2024 Regulations. The instrument will expire under the statutory sunset provision in 2034 unless remade. All of the foregoing is drawn from Schedule 1, reg 4, reg 3 and the Endnotes.

The Regulations themselves do not record any litigation history, and the instrument does not name any judicial or tribunal decisions. The Endnotes contain no references to cases. Therefore, there is no litigation history embedded in the text of the Regulations to cite.

That absence has practical implications visible from the Regulations. Several provisions create novel or operationally detailed regimes that, until tested in litigation or administrative review, may give rise to interpretive disputes, but the instrument contains no settled case law to resolve those questions. Examples of potentially litigable or reviewable issues that practitioners should watch for (not predictions of outcomes) include:

Scope and limits of “designated places” for PSO powers (reg 28). The list includes private land used as car parks adjoining rail or specified bus premises (reg 28(f)), which may raise questions about the outer limits of PSO exercise of powers on private property in future disputes about trespass, authority, or scope. The Regulations provide a mechanical list; however disputes about specific facts (what constitutes “adjoining” or “used for car park or other public transport purposes”) could generate litigation or administrative review.
Interaction between secondment obligations and internal disciplinary jurisdiction (reg 22). Reg 22(2) requires seconded officers to obey the receiving force and be subject to that force’s laws “and, as far as possible,” to the Act and these Regulations. That hybrid formulation could produce legal argument about which disciplinary or investigatory regime applies in any particular factual matrix.
Confidentiality exceptions and privacy law interfaces (reg 52). The Regulations limit disclosure of testing information but permit certain disclosures for investigations and internal research. How these permission clauses interact with statutory privacy regimes or common law duties may be an issue for future proceedings.
Admitted evidentiary status of technical non‑compliance by labs or sample-takers (regs 39-46, 50-51). Disputes may arise over whether sample-handling or chain‑of‑custody failures invalidate analysis results for disciplinary purposes. The Regulations set procedural obligations (label‑and‑seal, duplicate containers, storage) but do not set an exclusionary rule; courts or tribunals could be asked to weigh the probative value of non‑compliant samples in the absence of a statutory exclusion.

Practitioners should therefore treat many parts of the Regulations as administratively prescriptive but not yet authoritatively interpreted by courts. That absence of litigation history increases the importance of strictly complying with the procedural prescriptions in the Regulations to reduce risks that a disciplinary or investigatory process will be undermined by procedural challenge. All points in this section are grounded in the Regulations’ text and its silence on litigation (see regs 22, 28, 36-46, 50-52).

The Regulations are detailed and operational; several provisions carry practical traps for compliance officers, HR units, contracted laboratories and individual members. The following are concrete items to note, with regulatory references:

Centralisation of approvals and authorisations , potential bottleneck (reg 31, regs 33-35)
- The Chief Commissioner must approve laboratories and drug testing services (reg 31). The Chief Commissioner also authorises persons to take samples and conduct screening via regs 33-35, including internal members who have “successfully completed a course of instruction”. If approvals or training processes are not established promptly, operational capacity for testing may be constrained, creating delays or forcing temporary ad hoc arrangements that could risk evidentiary integrity.
Advertising and filling positions , limited grounds to appeal (regs 12-16, 17-21, 57(2))
- The Chief Commissioner may fill many vacancies without advertising (regs 12 and 17 enumerating multiple non‑advertising options). When positions are advertised, the Police Gazette is mandatory and the advertisements must include specific content (regs 14(1)-(2), 19(1)-(2)). Appeals are not available where a person did not meet the qualifications, eligibility criteria or time-in-position requirements or where their application lapsed (reg 57(2)). Employers should document decisions to fill without advertising carefully: procedural fairness and record-keeping will be essential if an excluded candidate challenges the decision under the Act.
Reversion and temporary promotion mechanics , automatic reversion unless re-promoted (regs 15(1)-(3), 20(1)-(3), 13, 18)
- Temporary promotions automatically revert at the end of the fixed term (regs 15(2), 20(2)). The Chief Commissioner may re‑appoint temporaries again (regs 15(3), 20(3)). Reversion-in-rank applications are discretionary on written application (regs 13 and 18). HR must track fixed-term end dates and ensure pay/entitlement changes align with reversion and any reappointment.
Long service leave exclusions and exceptions , complexity in continuity and exclusions (regs 24-27)
- Reg 25(2) excludes certain periods from service counting, including leave without pay and periods of suspension or dismissal. However, reg 25(3) creates exceptions (e.g. retirement due to ill-health, retrenchment gaps under 5 years, and resignations under 5 years where the Chief Commissioner accepts special circumstances). These provisions require detailed service-history analysis before granting or denying long service leave entitlements and create room for subjective Chief Commissioner decisions on “special circumstances”.
Technical standards incorporated by reference , external document risk (regs 39(1), 41(a); Endnotes)
- AS/NZS 4308 and AS/NZS 4760 are incorporated. Changes to those external standards alter practical procedures without amendment to the Regulations. Contracting, procurement and SOPs must explicitly reference versions in force and incorporate an update management process.
Evidence‑care tension for blood sampling after critical incidents (reg 36(4))
- Reg 36(4) bars blood sampling when a registered medical practitioner or approved health professional primarily responsible for care considers it prejudicial to the member’s care. This creates a narrow but important medical‑patient protection that overrides testing needs; sample takers must document medical opinions and should have alternative plans (e.g. non‑blood testing) to preserve evidence where medically necessary.
Duplicate samples stored for 12 months but reanalysis paid by member (regs 43(4)(b), 44(3)(b), 45(4)(b), 46(3); regs 43(5), 44(4), 45(5), 46(4))
- Members may request reanalysis of stored duplicates within 12 months at their own expense. That provides an important verification right but shifts verification costs to the individual, potentially disadvantaging those without means.
Confidentiality exceptions are narrow and specific , narrow research and management carve-outs (reg 52)
- Reg 52(2)(e) allows disclosure to members of Victoria Police personnel for specified research or workplace health management purposes, but otherwise prohibits disclosure except for investigations, consent or public knowledge. Implementing secure records management that correctly implements permitted disclosure pathways is critical; inadvertent disclosure could produce internal discipline or privacy complaints.
Designated place definitions extend PSO powers to private and adjoining land (reg 28(f), (e))
- PSO powers in reg 28 encompass privately owned or managed land used for a car park adjoining rail or specified bus premises (reg 28(f)) and council-controlled car parks adjoining rail premises (reg 28(e)). Organisations operating or managing private land adjacent to public transport infrastructure should be aware PSOs may have powers on such land, potentially creating on-the-ground tensions or liability questions.
Procedural timing traps for appeals and PRS Board notices (regs 58-59, 61-62)
- The PRS Board must send a copy of the appeal to the Chief Commissioner and the person selected within one business day (reg 58(1)), make documents available at least 48 hours before hearing (reg 58(3)), and deliver decisions within 14 days (reg 59). Administrative failures to meet these timings could generate grounds for procedural unfairness claims or extensions; strict calendar management is required.

Each “gotcha” above derives from the Regulations’ specific provisions cited. Practitioners implementing the Regulations should treat these as operational areas requiring checklists, budgets for training and storage, procurement of approved laboratories, and cross‑agency coordination to prevent compliance breakdowns that would compromise evidence or create appealable procedural errors.

This section sets out practical compliance steps for each relevant actor, tied to the Regulations’ provisions. The requirements are operational; compliance workstreams will involve policy, HR, procurement, health, records, and legal teams.

For the Chief Commissioner and Victoria Police corporate functions

Laboratory approval and contracting (reg 31)
- Establish a transparent approval process for laboratories and drug testing services. Require NATA accreditation for labs (reg 31(a)) and contractual commitments to comply with chain‑of‑custody, duplicate sample creation and 12‑month storage requirements (regs 43(4)(b), 44(3)(b), 45(4)(b), 46(3); reg 51).
- Build procurement specifications to enforce lab obligations to deliver certificates of analysis containing the particulars required by reg 51(2)(a)-(j).
Testing directions and personnel notification (reg 32)
- Draft templates for testing directions that include all required content per reg 32(2)(a)-(g) and ensure oral directions are followed up in writing as soon as practicable (reg 32(3)). Include explicit wording about disclosure of prescription medications (reg 32(2)(e)), and the disciplinary consequence of non‑compliance (reg 32(2)(f)).
Authorisation and training of sample-takers (regs 33-35)
- Implement a documented training and accreditation program for internal members who will undertake sample collection and preliminary screening, consistent with regs 33-35. Maintain records of training completion: only persons who have “successfully completed a course of instruction” should be authorised.
Policies and SOPs to meet AS/NZS standards (regs 39, 41; Endnotes)
- Adopt and operationalise the current versions of AS/NZS 4308 (urine) and AS/NZS 4760 (oral fluid), including splitting samples, tamper‑evident seals, labelling, and on-site screening procedures (regs 39(1), 39(3), 43(1) note, 45(1) note). Ensure policy documents record the edition of standards and an update process when standards are revised.
Records, confidentiality and data security (reg 52)
- Implement secure storage systems for physical and electronic records relating to testing directions, sample metadata and results (reg 52(1)). Define and document permitted disclosure scenarios under reg 52(2)(a)-(f) and maintain logs of disclosures. Align internal policies with privacy legislation and IBAC obligations under reg 64.
Annual reporting and statistics (reg 53)
- Build data capture workflows to collect the enumerated statistics (reg 53(1)(a)-(f)), including substance identification for positives (reg 53(2)). Prepare to include current and prior financial year data except for 2023-24 (reg 53(3)-(4)). Coordinate reporting obligations with the Act’s section 12 reporting process.
Discipline, inquiry and appeals administrative processes (regs 54-56; 57-62)
- For disciplinary inquiries: ensure at least 7 days’ notice is given to charged officers (reg 54(1)); document determinations about public access to inquiries (reg 54(3)); and provide reasonable notice if charges are amended (reg 55(2)). For appeals and reviews: ensure timely transmission of documents and compliance with the PRS Board’s notification and disclosure obligations (regs 58-62).

For approved laboratories and drug testing services

Conformity with labelling, sealing and storage rules (regs 43-46, 50-51)
- Adopt chain‑of‑custody procedures that split samples into at least two containers, securely seal them, label them with the required particulars (reg 43(2), 44(1)(c), 45(2), 46(1)(d)), and store duplicates for at least 12 months (regs 43(4)(b), 44(3)(b), 45(4)(b), 46(3)).
- Ensure timely analysis and delivery of a certificate of analysis to the Chief Commissioner specifying the particulars in reg 51(2)(a)-(j) and make the certificate available to the member as soon as practicable (reg 51(3)).
Accreditation and standards compliance (reg 31)
- Maintain and document relevant NATA accreditation and internal quality control aligned with the incorporated AS/NZS standards.

For health professionals and sample collectors

Follow procedural steps for each sample type (regs 36-42)
- For urine and oral fluid follow AS/NZS standards (regs 39(1), 41(a)). For breath testing ensure 15 minute observation windows and provision of sealed mouthpieces (reg 37(1)). For blood, use specified antiseptic collection units and label containers with the anticoagulant/preservative identification (reg 42; reg 46(1)(c)).
Provide member certificates after sampling (regs 47-49)
- Immediately provide the member with the certificate required by regs 47-49 at the conclusion of sampling.

For members

Compliance obligations and rights (reg 32; regs 43-46; regs 47-51)
- Comply with testing directions and disclose prescription medications taken in the seven days prior (reg 32(2)(e)). Secure the certificate after sampling (regs 47-49) and note the right to apply for independent reanalysis of a duplicate stored sample within 12 months at the member’s expense (regs 43(5), 44(4), 45(5), 46(4)). Where an oral direction is given, seek written confirmation as required (reg 32(3)).

Operational controls and auditing

Implement audits and checklists for each stage: issuance of a testing direction, authorisation of sample‑takers, chain‑of‑custody forms, lab receipt and analysis, certificate issuance and secure storage (reg 51). Maintain retention schedules consistent with reg 52 and evidence‑handling procedures to support disciplinary processes under the Act.

Budgetary and procurement planning

Budget for training, storage and contract compliance costs: the 12‑month storage obligation creates a recurring storage cost for approved laboratories (regs 43(4)(b)-46(3)). Consider contracting labs with clear liability and quality warranties to manage evidentiary risks.

Documentation and version control

Keep internal SOPs mapped to specific regulatory clauses (cite reg numbers) and record the edition of any AS/NZS standard incorporated by reference. Establish a change control process to update SOPs if technical standards are revised.

Legal risk mitigation

Where testing results are to be used in disciplinary or investigatory contexts, ensure that the entire chain,from testing direction to lab certificate,complies with the Regulations’ requirements to reduce the risk that evidence will be excluded or undermined in an appeal or review (regs 32, 43-51).

In short, compliance requires translating the Regulations’ procedural text into operational SOPs, procurement contracts, training regimes, secure records and audit trails. Key reference points for SOPs should be regs 32, 36-46, 47-51, 52 and 53, together with the incorporated standards identified in the Endnotes.

Victoria Police Regulations 2024

Plain English Summary

Deep Dive

What it does

Current sections

Victoria Police Regulations 2024

Source text: opening excerpt

1 Victoria Police Regulations 2024

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply